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COMMERCE INSURANCE COMPANY v. EMPIRE FIRE AND MARINE INSURANCE COMPANY

No. 06-P-1876.

71 Mass. App. Ct. 164 (2008)

COMMERCE INSURANCE COMPANY v. EMPIRE FIRE AND MARINE INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

February 1, 2008.

Attorney(s) appearing for the Case

Peter J. McCue for the plaintiff.

Kevin M. Truland (Richard W. Jensen with him) for the defendant.

Present: Kafker, Smith, & Katzmann, JJ.

SMITH, J.

On March 4, 2004, the plaintiff, Commerce Insurance Company (Commerce), filed a complaint in the Superior Court against the defendant, Empire Fire and Marine Insurance Company (Empire), seeking a judgment declaring the rights and obligations of the parties under their automobile insurance policies for the payment of claims arising from the operation of rental vehicles by Commerce's insureds. Empire filed...

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